103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3038

 

Introduced 2/16/2023, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 810/10
720 ILCS 5/29B-7
720 ILCS 5/29B-12
725 ILCS 150/6  from Ch. 56 1/2, par. 1676

    Amends the Seizure and Forfeiture Reporting Act. Requires each law enforcement entity that seizes, forfeits, or receives property under the Act to report specified information about the seizure and forfeiture of that property no later than 60 days after December 31 of the year in which the property is seized or forfeited. Provides that neither a law enforcement entity nor the Illinois State Police shall report the seizure, forfeiture, or receipt of property subject to reporting under federal law through equitable sharing agreements with the federal government. Provides that if a law enforcement entity does not seize, forfeit, or receive forfeiture funds during the reporting period, it shall file a null report. Makes changes concerning the information required in reports filed with the Illinois State Police under the Act. Provides that the Illinois State Police shall post annually on its website certain data. Provides that the Illinois State Police shall, within 120 days after the end of the calendar year, submit to the General Assembly, Attorney General, and Governor a written report summarizing activity in the State for the preceding year. Amends the Criminal Code of 2012. Provides that the Director's designee may sell or dispose of forfeited property. Amends the Drug Asset Forfeiture Procedure Act. Provides that the Director's designee may dispose of forfeited property.


LRB103 30289 DTM 56717 b

 

 

A BILL FOR

 

HB3038LRB103 30289 DTM 56717 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Seizure and Forfeiture Reporting Act is
5amended by changing Sections 10 as follows:
 
6    (5 ILCS 810/10)
7    Sec. 10. Reporting by law enforcement entity agency.
8    (a) Each law enforcement entity agency that seizes,
9forfeits, or receives property subject to reporting under this
10Act shall report the following information about each seizure
11and forfeiture of property seized or forfeited under State law
12to the Illinois State Police no later than 60 days after
13December 31 of the year in which the property is seized or
14forfeited. Neither a law enforcement entity nor the Illinois
15State Police shall report the seizure, forfeiture, or receipt
16of property that is subject to reporting under federal law
17through equitable sharing agreements with the federal
18government. If a law enforcement entity does not seize,
19forfeit, or receive forfeiture funds during a reporting
20period, it shall file a null report for the reporting period
21with the Illinois State Police. The Illinois State Police
22shall update or replace forms, establish processes, and assign
23to the appropriate seizing, forfeiting, and receiving entities

 

 

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1responsibility for reporting the following information:
2        (1) the name of the law enforcement agency that seized
3    the property or the name of the lead agency if a state
4    multijurisdictional task force seizes the property;
5        (2) the date of the seizure;
6        (3) the type of property seized, including a building,
7    vehicle, boat, cash, negotiable security, or firearm,
8    except reporting is not required for seizures of
9    contraband including alcohol, gambling devices, drug
10    paraphernalia, and controlled substances;
11        (4) a description of the property seized and the
12    estimated value of the property and if the property is a
13    conveyance, the description shall include the make, model,
14    year, and vehicle identification number or serial number;
15    and
16        (5) the location where the seizure occurred,
17    including: .
18            (A) the zip code of the location;
19            (B) a description of the type of location, such as
20        a home, business, or roadway;
21        (6) a description of the direction of traffic flow if
22    the seizure is made during a traffic stop on an interstate
23    or State highway;
24        (7) a citation to the statutory authority under which
25    the seizure or forfeiture was executed;
26        (8) a citation to the statutory authority of the

 

 

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1    alleged criminal offense that led to the seizure, if any;
2        (9) a citation to the statutory authority for which
3    the accused person was arrested or charged, if any;
4        (10) the criminal case number, if any, and court in
5    which the case was filed;
6        (11) the accused person's race, sex, year of birth,
7    and residential zip code;
8        (12) a description of the outcome of the accused
9    person's criminal case, which specifies whether charges
10    were filed or dropped and whether the accused was
11    acquitted, entered a plea agreement, or was convicted;
12        (13) the forfeiture case number and the court in which
13    the case was filed;
14        (14) a description of whether the forfeiture was
15    completed as a judicial or nonjudicial proceeding and, if
16    judicial, whether it was a criminal proceeding or civil
17    proceeding.
18        (15) a description of claims filed by a property owner
19    or other interested party, if any, such as:
20            (A) a verified claim in a nonjudicial forfeiture
21        proceeding under Section 6 of the Drug Asset
22        Forfeiture Procedure Act, Section 29 of the Criminal
23        Code of 2012, or other statute to which these
24        reporting requirements apply;
25            (B) an answer asserting a claim for the property
26        in an action in rem under Section 9 of the Drug Asset

 

 

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1        Forfeiture Procedure Act, Section 29 or 36 of the
2        Criminal Code of 2012, or other statute to which these
3        reporting requirements apply;
4            (C) a motion for an innocent owner hearing under
5        Section 9 of the Drug Asset Forfeiture Procedure Act,
6        Section 36 of the Criminal Code of 2012, or other
7        statute to which these reporting requirements apply;
8            (D) a petition to intervene under Section 2-408 of
9        the Code of Civil Procedure;
10            (E) a petition for remission under Section 36 of
11        the Criminal Code of 2012 or other statute to which
12        these reporting requirements apply;
13            (F) a claim for judicial review that is filed
14        under Section 124B-170 of the Criminal Code of 2012 or
15        other statute to which these reporting requirements
16        apply and that is filed after an order of forfeiture is
17        entered;
18            (G) a substantial hardship motion filed under
19        Section 36 of the Criminal Code of 2012; or
20            (H) any other claim contesting the forfeiture of
21        property under any provision for which reporting is
22        mandated under this Section.
23        (16) a description of whether the person that filed
24    the claim or petition is an accused person, innocent
25    owner, a creditor, or an otherwise interested party;
26        (17) a description of whether the petitioner filed for

 

 

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1    a full or partial waiver of court fees;
2        (18) a description of the outcome of any judicial
3    forfeiture action, including the outcome of motions filed,
4    default judgments, judgments after a contested hearing;
5    settlements between the owner or other interested party
6    and the State's Attorney under Section 11 of the Drug
7    Asset Forfeiture Procedure Act, or other outcome;
8        (19) a description of whether the Attorney General
9    granted a petition for remission under Section 36 of the
10    Criminal Code of 2012 or other statute to which these
11    reporting requirements apply;
12        (20) the date the final forfeiture order was entered;
13        (21) a description of the disposition of the property,
14    including a statement regarding whether the property was
15    returned to the owner, partially returned to the owner,
16    sold, destroyed, retained by a law enforcement entity, or
17    was otherwise disposed;
18        (22) the date and location of the property
19    disposition; and
20        (23) the total value of forfeited property held by
21    each entity at the end of the reporting period.
22    The filing requirement shall be met upon filing Illinois
23State Police Notice/Inventory of Seized Property (Form 4-64)
24as amended, supplemented, or replaced to allow for the
25reporting of elements required in this Section, with the
26State's Attorney's Office in the county where the forfeiture

 

 

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1action is being commenced or with the Attorney General's
2Office if the forfeiture action is being commenced by that
3office, and the forwarding of said forms Form 4-64 upon
4approval of the State's Attorney's Office or the Attorney
5General's Office to the Illinois State Police Asset Forfeiture
6Section. With regard to seizures for which Form 4-64 is not
7required to be filed, the filing requirement shall be met by
8the filing of an annual summary report with the Illinois State
9Police no later than 60 days after December 31 of that year.
10    (b) Each seizing law enforcement entity agency, including
11a drug task force or Metropolitan Enforcement Group (MEG)
12unit, that receives proceeds from forfeitures subject to
13reporting under this Act shall file an annual report with the
14Illinois State Police no later than 60 days after December 31
15of that year. If an entity did not seize, forfeit, receive, or
16spend forfeiture funds during the reporting period, it shall
17file a null report with the Illinois State Police. The format
18of the report shall be developed by the Illinois State Police
19and shall be completed by the law enforcement entity agency.
20The report shall include, at a minimum, the amount of funds and
21other property distributed to the law enforcement entity
22agency by the Illinois State Police, the amount of funds
23expended by the law enforcement entity agency, and the
24category of expenditure, including:
25        (1) crime, gang, or abuse prevention or intervention
26    programs;

 

 

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1        (2) compensation or services for crime victims;
2        (3) investigation and litigation expenses, including
3    expenses for forensics, witness protection, informant
4    fees, and controlled purchases of contraband, auditing,
5    court reporting, expert witnesses, attorneys, court fees,
6    discovery, court reporters, printing, postage, filing,
7    outside counsel, and awards to opposing parties;
8        (4) salaries, overtime, and benefits, as permitted by
9    law;
10        (5) operating expenses, including but not limited to,
11    capital expenditures, including expenditures for for
12    vehicles, firearms, equipment, computers, software,
13    hardware, appliances, canines, furniture, advanced
14    surveillance technology, including, but not limited to,
15    IMSI catchers office supplies, postage, printing,
16    membership fees paid to trade associations, and fees for
17    professional services including auditing, court reporting,
18    expert witnesses, and attorneys;
19        (6) travel, meals, entertainment, conferences,
20    training, and continuing education seminars; and
21        (7) operating expenses related to seized property,
22    including expenses for the storage, maintenance, repairs,
23    and return of seized property;
24        (8) administrative expenses, including expenses for
25    office supplies, postage, printing, utilities, and repairs
26    and maintenance of official vehicles and other equipment;

 

 

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1    and
2        (9) (7) other expenditures of forfeiture proceeds.
3    (c) The Illinois State Police shall establish and maintain
4on its official website a public case tracking system and
5searchable database that includes annual aggregate data for
6each law enforcement agency that reports each seizure and
7forfeiture seizures of property in a machine-readable format
8under subsection (a) of this Section, by each law enforcement
9agency that receives distributions of forfeiture proceeds
10subject to reporting under this Act, or reports expenditures
11under subsection (b) of this Section. This aggregate data
12shall include, for each law enforcement agency:
13    (d) The Illinois State Police shall post annually on its
14website aggregate data for each law enforcement agency
15required to report under this Section. This annual aggregate
16data shall include the following information for each law
17enforcement agency or, if applicable, a null report:
18        (1) the total number of asset seizures reported by
19    each law enforcement agency during the calendar year;
20        (2) the monetary value of all currency or its
21    equivalent seized by the law enforcement agency during the
22    calendar year;
23        (3) the number of conveyances seized by the law
24    enforcement agency during the calendar year, and the
25    aggregate estimated value;
26        (4) the aggregate estimated value of all other

 

 

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1    property seized by the law enforcement agency during the
2    calendar year;
3        (5) the monetary value of distributions by the
4    Illinois State Police of forfeited currency or auction
5    proceeds from forfeited property to the law enforcement
6    agency during the calendar year; and
7        (6) the total amount of the seizing law enforcement
8    agency's expenditures of forfeiture proceeds during the
9    calendar year, categorized as provided under subsection
10    (b) of this Section.
11    The database shall not provide names, addresses, phone
12numbers, or other personally identifying information of owners
13or interest holders, persons, business entities, covert office
14locations, or business entities involved in the forfeiture
15action and shall not disclose the vehicle identification
16number or serial number of any conveyance.
17    (e) The Illinois State Police shall, 120 days after the
18end of each calendar year, submit to the General Assembly,
19Attorney General, and Governor a written report that
20summarizes activity in the State for the preceding year and
21includes the type, approximate value, and disposition of the
22property seized and the amount of proceeds received and
23expended at the State and local levels. The report shall
24provide a categorized accounting of all proceeds expended. It
25shall disaggregate, by agency, summary data on seizures,
26forfeitures, and expenditures of forfeiture proceeds. The

 

 

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1Illinois State Police shall post the aggregate report on its
2website.
3    (f) The Illinois State Police may include in its aggregate
4report recommendations to improve statutes, rules, and
5policies to better ensure that seizures, forfeitures, and
6expenditures are conducted and reported in a manner that is
7fair to crime victims, innocent property owners, secured
8interest holders, law enforcement officials, citizens, and
9taxpayers.
10    (g) (d) The Illinois State Police shall adopt rules to
11administer the asset forfeiture program, including the
12categories of authorized expenditures consistent with the
13statutory guidelines for each of the included forfeiture
14statutes, the use of forfeited funds, other expenditure
15requirements, and the reporting of seizure and forfeiture
16information. The Illinois State Police may adopt rules
17necessary to implement this Act through the use of emergency
18rulemaking under Section 5-45 of the Illinois Administrative
19Procedure Act for a period not to exceed 180 days after the
20effective date of this Act.
21    (h) (e) The Illinois State Police shall have authority and
22oversight over all law enforcement agencies receiving
23forfeited funds from the Illinois State Police. This authority
24shall include enforcement of rules and regulations adopted by
25the Illinois State Police and sanctions for violations of any
26rules and regulations, including the withholding of

 

 

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1distributions of forfeiture proceeds from the law enforcement
2agency in violation.
3    (i) (f) Upon application by a law enforcement agency to
4the Illinois State Police, the reporting of a particular asset
5forfeited under this Section may be delayed if the asset in
6question was seized from a person who has become a
7confidential informant under the agency's confidential
8informant policy, or if the asset was seized as part of an
9ongoing investigation. This delayed reporting shall be granted
10by the Illinois State Police for a maximum period of 6 months
11if the confidential informant is still providing cooperation
12to law enforcement or the investigation is still ongoing,
13after which the asset shall be reported as required under this
14Act.
15    (j) (g) The Illinois State Police shall, on or before
16January 1, 2024 2019, establish and implement the requirements
17of this Act. To In order to implement the reporting and public
18database requirements under this Act, the Illinois State
19Police Asset Forfeiture Section requires a one-time upgrade of
20its information technology software and hardware. This
21one-time upgrade shall be funded by a temporary allocation of
225% of all forfeited currency and 5% of the auction proceeds
23from each forfeited asset, which are to be distributed after
24the effective date of this Act. The Illinois State Police
25shall transfer these funds at the time of distribution to a
26separate fund established by the Illinois State Police. Moneys

 

 

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1deposited in this fund shall be accounted for and shall be used
2only to pay for the actual one-time cost of purchasing and
3installing the hardware and software required to comply with
4this new reporting and public database requirement. Moneys
5deposited in the fund shall not be subject to reappropriation,
6reallocation, or redistribution for any other purpose. After
7sufficient funds are transferred to the fund to cover the
8actual one-time cost of purchasing and installing the hardware
9and software required to comply with this new reporting and
10public database requirement, no additional funds shall be
11transferred to the fund for any purpose. At the completion of
12the one-time upgrade of the information technology hardware
13and software to comply with this new reporting and public
14database requirement, any remaining funds in the fund shall be
15returned to the participating agencies under the distribution
16requirements of the statutes from which the funds were
17transferred, and the fund shall no longer exist.
18    (k) (h)(1) The Illinois State Police, in consultation with
19and subject to the approval of the Chief Procurement Officer,
20may procure a single contract or multiple contracts to
21implement this Act.
22    (2) A contract or contracts under this subsection (k) (h)
23are not subject to the Illinois Procurement Code, except for
24Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
25that Code, provided that the Chief Procurement Officer may, in
26writing with justification, waive any certification required

 

 

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1under Article 50 of the Illinois Procurement Code. The
2provisions of this paragraph (2), other than this sentence,
3are inoperative on and after July 1, 2019.
4(Source: P.A. 102-538, eff. 8-20-21.)
 
5    Section 10. The Criminal Code of 2012 is amended by
6changing Sections 29B-7 and 29B-12 as follows:
 
7    (720 ILCS 5/29B-7)
8    Sec. 29B-7. Safekeeping of seized property pending
9disposition.
10    (a) If property is seized under this Article, the seizing
11agency shall promptly conduct an inventory of the seized
12property and estimate the property's value and shall forward a
13copy of the inventory of seized property and the estimate of
14the property's value to the Director. Upon receiving notice of
15seizure, the Director may:
16        (1) place the property under seal;
17        (2) remove the property to a place designated by the
18    Director;
19        (3) keep the property in the possession of the seizing
20    agency;
21        (4) remove the property to a storage area for
22    safekeeping or, if the property is a negotiable instrument
23    or money and is not needed for evidentiary purposes,
24    deposit it in an interest bearing account;

 

 

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1        (5) place the property under constructive seizure by
2    posting notice of pending forfeiture on it, by giving
3    notice of pending forfeiture to its owners and interest
4    holders, or by filing notice of pending forfeiture in any
5    appropriate public record relating to the property; or
6        (6) provide for another agency or custodian, including
7    an owner, secured party, or lienholder, to take custody of
8    the property upon the terms and conditions set by the
9    Director.
10    (b) When property is forfeited under this Article, the
11Director or the Director's designee shall sell all the
12property unless the property is required by law to be
13destroyed or is harmful to the public and shall distribute the
14proceeds of the sale, together with any moneys forfeited or
15seized, under Section 29B-26 of this Article.
16(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
17    (720 ILCS 5/29B-12)
18    Sec. 29B-12. Non-judicial forfeiture. If non-real
19property that exceeds $20,000 in value excluding the value of
20any conveyance, or if real property is seized under the
21provisions of this Article, the State's Attorney shall
22institute judicial in rem forfeiture proceedings as described
23in Section 29B-13 of this Article within 28 days from receipt
24of notice of seizure from the seizing agency under Section
2529B-8 of this Article. However, if non-real property that does

 

 

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1not exceed $20,000 in value excluding the value of any
2conveyance is seized, the following procedure shall be used:
3        (1) If, after review of the facts surrounding the
4    seizure, the State's Attorney is of the opinion that the
5    seized property is subject to forfeiture, then, within 28
6    days after the receipt of notice of seizure from the
7    seizing agency, the State's Attorney shall cause notice of
8    pending forfeiture to be given to the owner of the
9    property and all known interest holders of the property in
10    accordance with Section 29B-10 of this Article.
11        (2) The notice of pending forfeiture shall include a
12    description of the property, the estimated value of the
13    property, the date and place of seizure, the conduct
14    giving rise to forfeiture or the violation of law alleged,
15    and a summary of procedures and procedural rights
16    applicable to the forfeiture action.
17        (3)(A) Any person claiming an interest in property
18    that is the subject of notice under paragraph (1) of this
19    Section, must, in order to preserve any rights or claims
20    to the property, within 45 days after the effective date
21    of notice as described in Section 29B-10 of this Article,
22    file a verified claim with the State's Attorney expressing
23    his or her interest in the property. The claim shall set
24    forth:
25            (i) the caption of the proceedings as set forth on
26        the notice of pending forfeiture and the name of the

 

 

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1        claimant;
2            (ii) the address at which the claimant will accept
3        mail;
4            (iii) the nature and extent of the claimant's
5        interest in the property;
6            (iv) the date, identity of the transferor, and
7        circumstances of the claimant's acquisition of the
8        interest in the property;
9            (v) the names and addresses of all other persons
10        known to have an interest in the property;
11            (vi) the specific provision of law relied on in
12        asserting the property is not subject to forfeiture;
13            (vii) all essential facts supporting each
14        assertion; and
15            (viii) the relief sought.
16        (B) If a claimant files the claim, then the State's
17    Attorney shall institute judicial in rem forfeiture
18    proceedings with the clerk of the court as described in
19    Section 29B-13 of this Article within 28 days after
20    receipt of the claim.
21        (4) If no claim is filed within the 28-day period as
22    described in paragraph (3) of this Section, the State's
23    Attorney shall declare the property forfeited and shall
24    promptly notify the owner and all known interest holders
25    of the property and the Director of the Illinois State
26    Police or the Director's designee of the declaration of

 

 

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1    forfeiture and the Director shall dispose of the property
2    in accordance with law.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    Section 15. The Drug Asset Forfeiture Procedure Act is
5amended by changing Section 6 as follows:
 
6    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
7    Sec. 6. Non-judicial forfeiture. If non-real property that
8exceeds $150,000 in value excluding the value of any
9conveyance, or if real property is seized under the provisions
10of the Illinois Controlled Substances Act, the Cannabis
11Control Act, or the Methamphetamine Control and Community
12Protection Act, the State's Attorney shall institute judicial
13in rem forfeiture proceedings as described in Section 9 of
14this Act within 28 days from receipt of notice of seizure from
15the seizing agency under Section 5 of this Act. However, if
16non-real property that does not exceed $150,000 in value
17excluding the value of any conveyance is seized, the following
18procedure shall be used:
19        (A) If, after review of the facts surrounding the
20    seizure, the State's Attorney is of the opinion that the
21    seized property is subject to forfeiture, then, within 28
22    days of the receipt of notice of seizure from the seizing
23    agency, the State's Attorney shall cause notice of pending
24    forfeiture to be given to the owner of the property and all

 

 

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1    known interest holders of the property in accordance with
2    Section 4 of this Act.
3        (B) The notice of pending forfeiture must include a
4    description of the property, the estimated value of the
5    property, the date and place of seizure, the conduct
6    giving rise to forfeiture or the violation of law alleged,
7    and a summary of procedures and procedural rights
8    applicable to the forfeiture action.
9         (C)(1) Any person claiming an interest in property
10    which is the subject of notice under subsection (A) of
11    this Section may, within 45 days after the effective date
12    of notice as described in Section 4 of this Act, file a
13    verified claim with the State's Attorney expressing his or
14    her interest in the property. The claim must set forth:
15            (i) the caption of the proceedings as set forth on
16        the notice of pending forfeiture and the name of the
17        claimant;
18            (ii) the address at which the claimant will accept
19        mail;
20            (iii) the nature and extent of the claimant's
21        interest in the property;
22            (iv) the date, identity of the transferor, and
23        circumstances of the claimant's acquisition of the
24        interest in the property;
25            (v) the names and addresses of all other persons
26        known to have an interest in the property;

 

 

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1            (vi) the specific provision of law relied on in
2        asserting the property is not subject to forfeiture;
3            (vii) all essential facts supporting each
4        assertion; and
5            (viii) the relief sought.
6        (2) If a claimant files the claim then the State's
7    Attorney shall institute judicial in rem forfeiture
8    proceedings within 28 days after receipt of the claim.
9        (D) If no claim is filed within the 45-day period as
10    described in subsection (C) of this Section, the State's
11    Attorney shall declare the property forfeited and shall
12    promptly notify the owner and all known interest holders
13    of the property and the Director of the Illinois State
14    Police of the declaration of forfeiture and the Director
15    or the Director's designee shall dispose of the property
16    in accordance with law.
17(Source: P.A. 102-538, eff. 8-20-21.)